HomeMy WebLinkAbout2023-OR-57 Ordiance Changing Zoning to R-3 at 1021 Kehoe Lane STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2023-OR- 59
AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF
PROPERTY LOCATED AT 1021 KEHOE LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A
FROM R2-SINGLE FAMILY RESIDENTIAL-MEDIUM LOT TO R3-SINGLE FAMILY RESIDENTIAL-
SMALL LOT.
Whereas, Chase Murphy Enterprises, Inc. filed a petition before the Jeffersonville Plan
Commission to change the zoning map designation of the real property located at 1021 Kehoe
Lane and fully described in the attached Exhibit A from R2-Single Family Residential-Medium
Lot to R3-Single Family Residential-Small Lot and,
Whereas, on September 26, 2023 the Jeffersonville Plan Commission has certified its
favorable recommendation of the enactment of this proposed zoning map designation change
by ordinance of this Common Council; and,
Whereas, this matter is now before the Common Council at its regular meeting after
certification of the proposed change of zoning map designation pursuant to the provisions of
I.C. 36-7-4-608(f)(1); and,
Whereas, this Common Council has timely posted notice of its intent to consider the
proposed change of zoning map designation at the regular meeting scheduled for October 2,
2023; and,
Whereas, all interested persons having been given an opportunity to appear before this
Common Council and be heard regarding this matter as required by law.
Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville,
Indiana, that the zoning designation of the real property located at 1021 Kehoe Lane and fully
described in the attached Exhibit A is hereby changed from R2-Single Family Residential-
Medium Lot to R3-Single Family Residential-Small Lot.
IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be
amended to include such change.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this 2nd day of October, 2023.
Common Council of the City of Jeffersonville, Indiana
VOTED FOR: VOTED AGAINST:
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L ���� 111►'
Mat Ow-n, President
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Lisa ill
City Clerk
Prepared by:
Les Merkley
Corporate Counsel
CITY OF JEFFERSONVILLE
DEPARTMENT OF LAW
Les Merkley,Corporation Counsel/Director of Legal Affairs
(60"
��%� 0 812-285-6493 office
/ 812-285-6403 f
'� � fax
www.ctyojeffne t
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,Indiana 47130
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE. INDIANA
IN THE MATTER OF THE ORDINANCE
CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT
OF PROPERTY LOCATED AT 1021 KEHOE LANE
AND FULLY DESCRIBED IN ATTACHED
EXHIBIT A FROM R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM LOT)TO R3
(SINGLE FAMILY RESIDENTIAL-SMALL LOT)
NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP
DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1021 KEHOE
LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 (SINGLE
FAMILY RESIDENTIAL-MEDIUM LOT)TO R3 (SINGLE FAMILY RESIDENTIAL-
SMALL LOT)
Notice is hereby given that the City of Jeffersonville has filed an Ordinance with the
Jeffersonville City Council,Jeffersonville, Indiana asking for a change in the zoning map
designation of a certain tract of property located at 1021 Kehoe Lane that received a Favorable
Recommendation by the Plan Commission from R2-Single Family Residential-Medium Lot to
R3-Single Family Residential-Small Lot.
A public hearing will be held on Monday,October 2,2023 at 7:00 pm in the City
Council Chambers, 1" floor,City Hall, 500 Quartermaster Court, Room 101,Jeffersonville,
Indiana at which time and place all interested persons will be heard in reference to the matters set
out in said ordinance.
Les Merkley
Corporation Counsel
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812)285-6423
POSTED AND EMAILED ON September 27, 2023
TO THE FOLLOWING:
Via Email to: d uddeatli'a ne‘\sandtribune.com
Via Email to: ner\sworn(ai nenvsaa.ndtribune.com
Posted to: \\_cit�;glj�ft_.ne�
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN RE THE APPLICATION OF:
Chase Murphy Enterprises LLC I PC-23-18
TO REZONE CERTAIN TRACT:
10-20-01-000-350.000-010,10-20-01-000-351.000-010
FROM:
R2 (Single Family Residential - Medium Lot) to R3 (Single Family Residential-Small Lot)
CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, Chase Murphy Enterprises, LLC filed a petition before the
Jeffersonville Plan Commission to change the zoning designation of the property
described in attached Exhibit A (the "Property"), from R2 to R3 ; Docket
number PC-23-18 ; and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a
public hearing on the petition on September 26, 2023 and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by
a majority vote of its entire membership to favorably/unfavorably/not recommend the
proposed change of zoning designation of the Property to the Jeffersonville Common
Council.
IT IS THEREFORE CERTIFIED that on September 26, 2023, the Jeffersonville Plan
Commiss •
F orably Recommends / favorabl Recommends/ Provides NO Recommendation
that the Jeffersonville Common Council enact by ordinance the proposed zoning
designation change of the property from R2 to R3 as requested in the petition of
Chase Murphy Enterprises LLC I PC-23-18
So certified this 26th day of September 2023
•
• NC :LT
Chairman
GAT Y OA
Plan Commission
Staff Report
, ,� September 26, 2023
guoi _ Case No: PC-23-18
�., - 121 ' � Location: 1021 Kehoe Lane
�T � "0., Applicant: Chase Murphy Enterprises Inc.
p v Current Zoning: R2 (Single Family Residential Medium Lot)
J` Proposed Use: Residential
FRSQ14 Council District: District 5 — Donnie Croft
Request .+e' •:
Rezone property from R2 (Single Family Residential - f •
Medium Lot) to R3 (Single Family Residential - Small h x °'
Lot). `.,, ' ' k.,,, 00*
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Case Summary -
;�
The applicant is proposing to rezone the two parcels
to allow for three single family houses to be built. ;f
it-
Staff Finding/Opinion ° .. ,Z ,
The proposed rezoning would allow for the two lots to 4� ,:4' �• i�t °
be subdivided into three lots and allow for three single ' 'ti ''~i w
family houses to be built. The proposed zoning of R3 s ` � `}° 4
is not out of character with this area as there exists a
number of larger R3 parcels across the street. Overall, this type of infill development is encouraged by
the Comprehensive Plan and, as such, Staff is supportive of this rezoning request.
Criteria for Consideration
The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following
shall be considered when the Plan Commission is reviewing a rezoning request:
• The Comprehensive Plan;
• Current conditions and character of structures and uses in each district;
• The most desirable use for which the land in each district is adapted;
• The conservation of property values throughout the jurisdiction; and
• Responsible development and growth.
Required Action
Make a motion to forward this rezoning to the Jeffersonville City Council with one of the following
options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation.
Recommended motion
"I make a motion to forward the rezoning request(PC-23-18) to the Jeffersonville City Council with
[insert recommendation]as presented to the Plan Commission on September 26, 2023.
Page 1 of 9 PC-23-18
Staff Analysis for Change in Zoning
The following is a summary of staffs analysis of the proposed development as it relates to the land use
and development policies of the Comprehensive Plan and Unified Development Ordinance:
Current Zoning and UDO Zoning District Intent
Current Zoning
The subject property is shown in the zoning map
to the right. The property is zoned R2 (Single
Family Residential- Medium Lot). Adjacent ¢`
properties are zoned R2 (Single Family \''ff ,
Residential- Medium Lot) to the North and East,
Cl (Commercial:
Commercial: Medium-Scale) to the South,
and (Business Park/Light Industrial to the
West. N.
.
• a •
`� \
District Intent: Existing
The R2 (Single Family Residential — Medium Lot) District is intended to provide a land use category for
single family homes on medium-sized lots. The provisions that regulate this land use district should
protect, promote and maintain existing residential areas in the City of Jeffersonville and may also be
used for future housing growth.
The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district
from conflicting land-uses such as industrial and large-scale commercial uses as well as nonfamily
oriented businesses. Article 6 of this ordinance includes additional options and incentives for the
development of subdivisions that preserve natural open spaces, floodplains, etc. that exist on site
and/or dedicate and construct public park facilities.
District Intent: Proposed
The R3 (Single Family Residential — Small Lot) District is intended to provide a land use category for
single family homes on smaller-sized lots. The provisions that regulate this land use district should
protect, promote and maintain existing residential areas in the City of Jeffersonville and may also be
used for future housing growth.
The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district
from conflicting land-uses such as industrial and large-scale commercial uses as well as nonfamily
oriented businesses. Article 6 of this ordinance includes additional options and incentives for the
development of subdivisions that preserve natural open spaces, floodplains, etc. that exist on site
and/or dedicate and construct public park facilities.
Future Land Use Map and Planning Districts
This property has a Future Land Use classification of Residential Neighborhood. These areas are
primarily composed of single-family residences and should be preserved as such. Limited multi-family
uses may be allowed if they are small-scale, such as duplexes or triplexes and located along primary
road corridors including major and minor arterials and collector streets. Care should be taken to
integrate any non-single-family projects into the neighborhoods through architectural scale, design, and
adequate buffers. Some areas within this classification, especially in the northwestern parts of the city,
contain large tracts of undeveloped land. When developed these areas should favor single-family
subdivisions and only incorporate multi-family where immediately adjacent to a minor arterial or major
collector street. Commercial, industrial, and large-scale institutional uses should be discouraged.
Page 2 of 9 PC-23-18
/ 3 ; 1 aI
/ ` 1 r/
/
J
i��` // A FUTURE LAND USE
-.
Commercial Corridors
Downtown Mixed Use
—
MNIndustrial
5� ' Industrial/Commercial
0.r e `. ' Mixed Use
-41111
4y;S J`caQ Mixed Neighborhood
Residential Neighbhorhood
Future Land Use Map
6 \ / 74
♦ 5 4
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Planning Districts Map
Plannina District 5: Midtown
Planning District 5 consists of a mix of commercial developments, institutional uses, and residential
neighborhoods situated around 10th Street in the central portion of Jeffersonville. Development within
this District spans decades - from the 1920s on the west end to the 1980s on the east end of the
district. Much of the development in the district is automobile-oriented with large strip centers, gas
stations, auto repair shops, and drive-thru fast-food restaurants. As newer commercial centers have
formed further out, this area has fallen into decline and needs a good deal of adaptation in order to be
productive again. Densification, mixing residential and commercial uses, multi-modal transportation
enhancements, and the creation of smaller town centers could reinvigorate this area. The following
goals are established for the Midtown Planning District:
• Promote redevelopment, adaptive reuse, and infill development along 10th Street
Page 3 of 9 PC-23-18
• Support the creation of higher-density, pedestrian-oriented developments along the corridor
including pocket neighborhoods and town centers. Larger developments should consider
opportunities for the creation of public spaces such as plazas, squares, or mini-parks
• Promote mixed-residential development along the Jeffboat rail spur that may take advantage of
the potential for access to Downtown and the River afforded by the spur
• Ensure intentional transitions between higher intensity uses along 10th Street and adjacent
single-family neighborhoods. Transitions may be made through changes in building scale,
increased setbacks for taller buildings, and landscaping enhancements.
• Provide a broad mix of housing types and price-points to ensure a diversity of residents
• Require new developments to install sidewalks where existing sidewalk connections to
local neighborhoods are missing
Additional Notes
• None.
Attachments
1. Current Zoning 2 pg. Layout
2. Proposed Zoning 2 pg. layout
3. Letter of Intent
Page 4 of 9 PC-23-18
Current Zoning Information
R2 District (Single Family Residential - Medium lot)
3.38 R2 District Intent. Permitted Uses. and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The R2(Single Family Residential- Residential Commercial:Recreation/Fitness
Medium Lot)District is intended to •child care/day care(owner- • golf course/country club
provide a land use category for single occupied) Communications/Utilities
family homes on medium-sized lots •dwelling single family • public well
The provisions that regulate this land • residential facility for •telecommunications facility(other
use district should protect,promote developmentally disabled/mentally than microcellular)
and maintain existing residential ill(less than 4 units) Institutional/Public Facilities
areas in the City of Jeffersonville and Institutional/Public Facilities • church,temple,or mosque
may also be used for future housing • public park • public recreation center/pool
growth Miscellaneous Uses Residential
The Jeffersonville's Plan Commission • home occupation#1 • dwelling:accessory dwelling unitsl
and Board of Zoning Appeals • residential clubhouse/community
should strive to protect this district room
from conflicting land-uses such Miscellaneous Uses
as industrial and large-scale • home occupation#2
commercial uses as well as non-
family oriented businesses
Article 6 of this ordinance includes
additional options and incentives
for the development of subdivisions
that preserve natural open spaces.
floodplains,etc that exist on site
and/or dedicate and construct public
park facilities
Additional Notes:
1 See Article 8 3 for additional standards
3-42 Jeffersonville Unified Development Ordinance
Page 5 of 9 PC-23-18
R2 District (Single Family Residential - Medium lot) (R
3.39 R2 District Development Standards
Lot Dimensions Setbacks Other Requirements
Lo wdh -
'Row YYrd
Accessory ,
CJJ ^J/ sr„d„res
Lot • Soh, — Primary $r"
Area Yard •_ $ouctcme
El Setback El
FTCl
•
•
•
bre Lot
Budding Front Yard Coverage
Envarope &deed(
- Lot Frprdepe "R.O W R O.W. / R O w
RR O.W.•Am DMMwe an r! .q- .Wan R O.W.•A.Wee.on moo q.Yn Pan RR O.W•As Daher on Tlrtroupn4n Wan
Minimum Lot Area: Minimum Front Yard Setback:3 Maximum Lot Coverage
• 6,500 Square feet,2 • 30 ft when adjacent to an arterial • 50%of the lot area
Minimum Lot Width: • 25 ft when adj to a local street" Minimum Residential Unit Size
• 45 feet, Minimum Side Yard Setback: • 1000 square feet
Minimum Lot Frontage: • 6 ft for the Primary Structures Minimum Structure Width
• 25 feet • 3 ft for an Accessory Structure • 22 feet for at least 60%of its length
Minimum Rear Yard Setback Maximum Primary Structures
• 20 ft for the Primary Structure • 1 Primary Structure
• 3 ft for an Accessory Structure
Height Miscellaneous Notes:
1. In a new subdivision,up to 20%of lots may fall below this threshold,
Accessory Structures with 6,000 square feet being the absolute minimum lot size and 45'
being the minimum lot width.
`Ool• • , ,r,• 2. See additional options/incentives for cluster development/conservation
•'""°' subdivisons in article 6
3. In an established subdivision the front setback shall be the average of
1iie Building the adjacent homes,a 25%reduction may be taken on one face of a
Hotpot
corner lot
Flat Rod Structures Gdbte Roof Structures 4. At corner lots on local streets,the front setback may be reduced to 20'
'Ir°rr1"0" '"el""gable roan 5. On wedge shaped lots along a road curve or at the end of a cul-de-sac,
section or flat moon
the setback may be reduced to a minimum of 5 feet so long as the
Maximum Structure Height: average setback is greater than 6 feet.
• Primary Structure 35 feet
• Accessory Structure 18 feet
See Article 7 for additional development standards
See Article 8 for additional use-specific standards
Article Three:Zone Districts 3-43
Page 6 of 9 PC-23-18
Proposed Zoning Information
R3 District (Single Family Residential - Small lot) R3
3.40 R3 District Intent. Permitted Uses. and Special Exception Uses
District intent Permitted Uses Special Exception Uses
The R3(Single Family Residential Commercial:General Communications/Utilities
-Small Lot)District is intended to • child care center(day care) • telecommunications facility(other
provide a land use category for Residential than microcellular)
single family homes on smaller-sized • child care/day care(owner- Residential
lots The provisions that regulate occupied) • boarding house(owner occupied)
this land use district should protect. • dwelling:single family • co-housing community
promote and maintain existing • residential facility for • dwelling accessory dwelling unit'
residential areas in the City of developmentally disabled/mentally •dwelling multi-family-duplex2
Jeffersonville and may also be used ill(less than 4 units) • residential clubhouse/community
for future housing growth. •senior living/retirement community room3
The Jeffersonville's Plan Commission (not assisted living or nursing Institutional/Pudic Facilities
and Board of Zoning Appeals home)-see Appendix 1 •church,temple,or mosque
should strive to protect this district Institutional/Public Facilities • public recreation center/pool
from conflicting land-uses such • public park Miscellaneous Uses
as industrial and large-scale Miscellaneous Uses • home occupation#2
commercial uses as well as non- • home occupation#1
family oriented businesses.
Article 6 of this ordinance includes
additional options and incentives
for the development of subdivisions
that preserve natural open spaces.
floodplains,etc that exist on site
and/or dedicate and construct
public park facilities
Additional Notes:
1. See Article 8.3 for additional standards.
2. Only if platted for individual sale in a new subdivision of more than 3
acres in size.
3-44 Jeffersonville Unified Development Ordinance
Page 7 of 9 PC-23-18
R3 District (Single Family Residential - Small lot)
3.41 R3 District Development Standards
Lot Dimensions Setbacks Other Requirements
La Wan -
'Rear Yard
Setback
�r O s) j L. (,-' Accessory•
LotStructures
• .. ` Sae .. ` Primary z-`±,
Arse ❑ Yard back ❑ Structure I
4 3Mard14
0 r
0 —7-7
•
c.)
. •
: •
Perry
Line
t Ot
SuidYq Front Yard Coverage
Finabps Setback
Lot Frontage - R O W R O.W. R O W
7.-/N.O .•As Droned an Pa c,W As Do !b n Z—/-- = nned on dgrlan Pon R
.W As OW.• Da an Thwywriono
Minimum Lot Area: Minimum Front Yard Setback:2 Maximum Lot Coverage
• 4,000 Square feet: • 30 ft when adjacent to an arterial • 75%of the lot area
Minimum Lot Width: • 20 ft when adj to a local street3 Minimum Residential Unit Size
• 25 feet Minimum Side Yard Setback: • 800 square feet.
Minimum Lot Frontage: • 5 ft for the Primary Structure Minimum Structure Width
• 25 feet • 2 ft for an Accessory Structure • 22 feet for at least 60%of its length
Minimum Rear Yard Setback Maximum Primary Structures
• 15 ft for the Primary Structure • 1 Primary Structure
• 2 ft.for an Accessory Structure
Height Miscellaneous Notes:
1. In a new subdivision,up to 20%of lots may fall below this threshold.
Acceseory cars• with 3,500 square feet being the absolute minimum
2. In an established subdivision the front setback shall be the average of
tde. aef1e rm•r•r.e• the adjacent homes,a 25%reduction may be taken on one face of a
• "0 corner lot
3. At corner lots on local streets,the front setback may be reduced to 15'
~i0 Sulking
lieght
Flat Rod Structures Gabes Roof Structures
(from hgtat (from highest geble roof)
section d flat roof)
Maximum Structure Height:
• Primary Structure:35 feet
• Accessory Structure: 18 feet
See Article 7 for additional development standards
See Article 8 for additional use-specific standards
Article Three:Zone Districts 345
Page 8 of 9 PC-23-18
Letter of Intent
4- HART,s 958 WATER STREET
'4411,r CHARLESCOWN,IN 47111
SURVEYING & s1z-zsrrn81
ENGINEERING hartpeple4gmail.com
August 29,2023
Mr Chad Reischl,AICP
Planning and Zoning Director—City of Jeffersonville
500 Quartermaster Court.Suite 200
Jeffersonville,IN 47130
RE: Rezoning of Lot 15 through 18 of Coots Subdivision
Dear Mr Reischl.
As you are aware,Chase Murphy Enterprises.Inc.(the applicant).has title to Lots 15 through 18 of Coots Subdivision
(platted in 1928). The existing lots are 25 feet in width and 125 feet in depth The applicant would like to have the
subject lots rezoned from R-2 to R-3 With the change in zoning,the four lots could be re-platted into three lots that
would facilitate three new single-family homes The proposed lot layout can be seen on Exhibit A.
Please let us know if you have any questions or need any further information
Sincerely,
HART'S SURVEYING&ENGINEERING,LLC.
Harold L.Hart,P.E.,P.L.S.
Page 9 of 9 PC 23 18